Florida Late Fee Cap Explained: What FS 83.808 Means for Renters (2026)

If your Florida lease charges a steep late fee — or stacks $50 per day with no ceiling — pause before you agree to it.

What FS 83.808 says

Florida Statute 83.808 generally limits residential late fees to:

• $20, or
• 20% of the overdue rental installment

…whichever is greater. The fee also typically needs to be written into the lease to be enforceable.

Quick examples

• $1,200/month rent → 20% is $240 → cap is $240 (greater of $20 or 20%)
• $800/month rent → 20% is $160 → cap is $160
• $900/month rent with a "$75/day" clause → likely worth challenging if it exceeds the statutory cap

Red flags in Florida leases

• Daily late fees with no maximum
• Fees higher than $20 and higher than 20% of rent
• "Administrative late charges" stacked on top of the late fee
• Late fees buried in an addendum you never saw at signing

What to do if your lease looks off

1. Compare the fee language to FS 83.808.
2. Ask the landlord (in writing) to amend the clause before you sign.
3. Keep a copy of every version of the lease and addenda.

This is educational information, not legal advice. For a dispute already underway, contact a Florida tenant-rights attorney or legal aid.

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